South Florida Injury Lawyer Blog
Distracted driving is a serious problem in Florida. According to the Florida DOT, distracted driving can include anything that takes the driver’s attention away from the road. Types of distraction include:
- Manual – taking hands off the wheel
- Visual – taking eyes off the road
- Cognitive – taking one’s mind off of driving
When most people think about distracted driving, they think first about cellphone use. This is a reasonable association since it is one of the chief causes of distracted driving and a major cause of the increase in distracted driving accidents in recent years. Cellphone use generally involves all three forms of distraction: at least one hand is not on the wheel, eyes are on the phone, and the brain is thinking about what the driver is doing with the phone.
Other types of distraction may include eating or drinking; talking to passengers or dealing with children; reaching for and adjusting controls, such as media, climate, or GPS; and just plain fatigue.
Floridians know how common it is for people to be using their phones while driving, especially for visitors to our beautiful state. Visitors even more than locals will be using their phones for obtaining directions, snapping pictures, or sharing content on social media while driving. Visitors are also often tired while driving, especially if they’ve come a long way by car or are trying to pack as much into their visit as possible. This could also mean eating while driving to the next destination. Certainly, Floridians also make these mistakes while driving, but the number of visitors to Florida outpaces any other state in the union, which has to be factored into our very high accident rate.
Proving distracted driving
If you have been in a car accident or have been hit by a car while you were walking, biking, or engaged in any other activity, you may be compensated for your injuries and losses if the driver was at fault. However, that fault must be proven to the court. Be sure to hire an experienced personal injury attorney to help you collect the strongest evidence for your case.
There are several options for collecting the evidence necessary to make that claim.
- Electronic evidence: The driver’s phone will show the dates when texts were sent, phone calls were made, and pictures were taken. However, it will not necessarily keep records of web browsing, social media, etc. This information would need to be accessed elsewhere. Social media posts have a timestamp, but researching other web activity from the phone takes a deeper dive, which forensic specialists would be able to handle.
- Police reports and witness statements: Besides your statement, police may have gotten other statements, such as an admission from the driver that he or she was using the phone, changing a dial, yelling at the kids, or nodding off at the wheel. Other witnesses may also have given testimony about distracted behavior by the driver. People who work nearby may have seen the accident and may be able to corroborate your statement that the driver was distracted.
- Driver’s vehicle data: Some newer cars keep track of the driver’s activities while driving. This information could also indicate distraction at the time of the accident.
- Photo and video evidence: Captured footage from nearby cameras, such as traffic cameras or security cameras on nearby buildings, could show evidence of distracted driving. Any pictures or videos taken at the time of the accident may also offer some evidence of distraction, such as food or drink in the front seat, a computer open and on in the passenger seat, etc.
- Accident reconstruction: Expert witnesses such as accident reconstruction specialists can reconstruct the causes of an accident with the evidence collected by themselves or other experts.
If you or a loved one was injured in an accident that you believe was caused by a distracted driver, do not try to face the insurance companies on your own. You need an experienced personal injury attorney who understands the tactics and strategies that insurance companies implement in order to offer injured parties as little compensation as possible.
As a Florida personal injury attorney and native Floridian, I believe in “fighting for the little guy” – which is everyone who has to go up against insurance companies, big business, and medical establishments that have the financial resources to crush the efforts of individuals claiming damages for injuries caused by the negligence of others. I have a track record of winning significant awards for my clients, whether that is in court or through negotiation.
Contact me from anywhere in Florida at (954) 448-7288, 24/7 for a free consultation to discuss your case. I leave no stone unturned to help my clients receive the compensation they deserve.